- 1 - HC-KAR NC: 2025:KHC-D:14708 CRL.P No. 103797 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103797 OF 2025 (439(CR.PC)/483(BNSS)) BETWEEN: SHRI IBRAHIM S/O. HUSSAINSAB GONADDI, AGE. 30 YEARS, OCC. PRIVATE WORK, R/O. IBRAHIMPUR, NEKAR NAGAR, OLD HUBBALLI, HUBBALLI, DIST. DHARWAD. …PETITIONER (BY SRI ROSHAN SAHEB CHABBI, ADVOCATE.) AND: THE STATE OF KARNATAKA, THROUGH KASABAPETH P.S., DHARWAD, REPRESENTED BY S.P.P. HIGH COURT, DHARWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI PRAVEENA Y. DEVAREDDIYAVAR, HIGH COURT GOVERNMENT PLEADER.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 OF THE CRIMINAL PROCEDURE CODE, 1973 (SECTION 483 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023), PRAYING TO GRANT REGULAR BAIL TO THE PETITIONER/ACCUSED NO.1 IN S.C.NO.5096/2024 (CRIME NO.54/2024 OF KASABAPETH P.S., HUBBALLI), PENDING ON THE FILE OF THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DHARWAD, SITTING AT HUBBALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14708 CRL.P No. 103797 of 2025 498A, 304B, READ WITH SECTION 34 OF THE INDIAN PENAL CODE, 1860 TO MEET THE ENDS OF JUSTICE. THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) The petitioner who is accused No.1 is before this Court, seeking for regular bail in Crime No.54 of 2024 of respondent police. The same is pending before the I Additional District and Sessions Judge, sitting at Hubballi, in S.C.No.5096/2024. 2. The facts of the case is that the complainant performed the marriage of his daughter with accused No.1 on 03.10.2022. As per the request made by the accused and his family members, dowry was paid in the form of gold and cash. After the marriage, his daughter was staying along with accused No.1 and others in the matrimonial home. He was informed that during her stay in her matrimonial home, she was being ill-treated, assaulted and abused by the husband and in-laws. In fact, she was - 3 - HC-KAR NC: 2025:KHC-D:14708 CRL.P No. 103797 of 2025 refrained from talking through mobile and also accused No.1 used to assault often even for petty reasons. Such being the fact, on 10.05.2024 around about 05.00 p.m., he had received an information from his relative namely Baseer Karjagi stating that the deceased died in her matrimonal home. 3. On receiving the said information the complainant and his brother went to the spot and found that dead body of his daughter was kept in front of the house of accused No.1. When they enquired about the cause of death, they did not receive any positive information from the accused and others. Therefore, he lodged a complaint before the respondent police. The respondent police registered a case in Crime No.54/2024 for the offences punishable under Section 304B, 498A read with Section 34 of IPC. 4. The submission of the learned counsel for the petitioner is that though there are allegations made against - 4 - HC-KAR NC: 2025:KHC-D:14708 CRL.P No. 103797 of 2025 accused No.1 and others, all the allegations are omnibus in nature. No specific overt-act is attributed to attract the ingredients of Section 304B of IPC. In fact, the averments of the complaint would indicate that she committed suicide in her matrimonial home. The postmortem report would indicate that the death is occurred as a result of hanging. Such being the case, invoking Section 304-B of IPC, is not proper. Therefore, the petitioner may be enlarged on bail by imposing suitable conditions and he will abide by the conditions in the event of his release on bail. 5. Per contra, learned High Court Government Pleader vehemently submitted that the death has occurred within seven years from the date of marriage. The victim died in the month of May in the house of accused No.1. The averments of the complaint would indicate that there was constant harassment and humiliation and degradation in her matrimonial home, as a result of which, she committed suicide. Therefore, the petitioner is not entitled for any - 5 - HC-KAR NC: 2025:KHC-D:14708 CRL.P No. 103797 of 2025 relief as prayed for. Making such submissions, learned High Court Government Pleader prays to reject the petition. 6. Having heard the learned counsel for the respective parties and also perused the averments of the complaint and the charge sheet, it indicates that the victim died in her matrimonial home on 10.05.2024. Though, the complainant made several allegations against the petitioner, the fact remains that, the ingredients of Section 304-B of I.P.C prima-facie not been made out in the charge-sheet. Therefore, without adverting the merits of the case, it is appropriate to grant him bail by imposing suitable conditions. Hence, I proceed to pass the following: ORDER i) The petition is allowed. ii) The petitioner is ordered to be enlarged on bail in Crime No.54 of 2024 of respondent police, pending before the I Additional District and Sessions Judge, sitting at - 6 - HC-KAR NC: 2025:KHC-D:14708 CRL.P No. 103797 of 2025 Hubballi, in S.C.No.5096/2024, on executing his personal bond for a sum of ₹1,00,000 (One Lakh Rupees) with one surety for the like sum, to the satisfaction of the trial Court. iii) The petitioner shall appear before the Court on all hearing dates without fail. iv) The petitioner shall not threaten the prosecution witnesses. v) The petitioner shall not commit similar or any other criminal offences till disposal of the case. In case, the petitioner violates any of the conditions enumerated above, liberty is reserved to the prosecution to file necessary application for cancellation of bail. Sd/- (S.RACHAIAH) JUDGE MRK CT: UMD List No.: 2 Sl No.: 7